Reilly

(PC) Ruiz v. Reilly

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20212:20-cv-01212California341 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 ROGELIO MAY RUIZ, No. 2:20-cv-01212-TLN-CKD Plaintiff, v. ORDER A. REILY, et al., Defendants. 15 This matter is before the Court on Plaintiff Rogelio May Ruiz’s (“Plaintiff”) Motions for Reconsideration of the U.S. Magistrate Judge’s December 8, 2020 Order. (ECF Nos. 24–25.) Plaintiff, a California prisoner proceeding pro se, has filed motions asking the Court to reconsider the December 8, 2020 Order dismissing this case for Plaintiff’s failure to pay the filing fee. A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. …

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